How to File a Medical Malpractice Case
A patient who finds an object that is foreign, for example, surgical clamps inside her body after gall bladder surgery could sue for medical malpractice. A successful claim must prove the elements of medical negligence: duty, deviation from this duty and direct cause.
Our clients must establish a direct connection between the breach of duty and the injury. This is known as proximate cause.
The reason for injury
A medical malpractice claim can be filed either by the victim or an attorney. Based on the specific circumstances, this could be a spouse of the patient or an adult child parent, guardian ad Litem or the executor or administrator of the estate of the deceased patient. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health care professional.
Expert testimony is often required in cases of malpractice. Medical experts are required to testify on whether or the medical professional was in compliance with the standard of care in their specific field. They must also testify regarding the injury caused by the doctor's actions or actions or.
The injuries that result from malpractice and negligence can be very serious. A mistake in diagnosis can have devastating consequences, such as a life-threatening condition. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.
To establish a malpractice claim the patient has to prove four legal elements: a duty the doctor owed to them; a breach in this duty, resulting injury and damages. In certain states, such as New York, the law restricts the amount of money that can be awarded for an injury resulting from a malpractice claim.
Causation
The injury element, also referred to as causation is one of the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a difficult task for several reasons.
For instance, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were already in the process of being treated prior to. Often the statute of limitations for a
medical malpractice claim is extended over a period of years and the injuries may develop slowly.
In these cases it can be difficult to prove that a certain medical professional's breach of the standard of care caused the injury. The attorney could have collected evidence, like
medical malpractice attorney records and expert testimony which the injured patient can utilize.
During the discovery process, which is a component of the legal process for preparation for trial, your lawyer will ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor defending the lawsuit is then asked to testify during depositions, which are the testimony under oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty, breach of contract and causation.
Negligence
The plaintiff must convince the jury in a case of medical malpractice that it is likely that the doctor violated his or her responsibilities as a physician and that those violations caused injury. The attorney representing the plaintiff must demonstrate this through evidence obtained during discovery. This involves soliciting documents, including medical records as well as other documents from all parties in a lawsuit. This also includes the recording of sworn statements and used in trial.
A doctor has violated their professional duty when they did something that a reasonable prudent physician would not have done in the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. A patient may go to the hospital to repair a hernia but end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.
medical malpractice lawsuits,
just click for source, must be brought within a legally prescribed time frame, known as the statute of limitations, that varies from state to state. The patient who is injured must prove that the care provided was substandard and caused injury, and then show how much compensation he or her deserves.
Damages
If a medical error has caused you to sustain an injury, you have the right to be made whole. Scaffidi & Associates can help you receive full and fair compensation for your losses.
The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties then engage in discovery. This is a process which involves the disclosure of documents and statements disclosed under oath. During discovery, medical records and doctor's notes are usually requested.
In many states, to receive compensation for injuries sustained by malpractice, you need to prove four things including a duty of good faith owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, you can make a an argument for financial compensation in a medical negligence claim.
In certain cases courts may award punitive damages, which are intended to punish the culprit and deter others from engaging in similar misconduct. However, this is rare in medical malpractice cases because the courts require clear evidence of malice to give these extraordinary awards.